Sundar Thamamng vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail under section 439 of the Code of Criminal Procedure 1973.

Petitioner is the 2nd accused in Crime No.636 of 2023 of Kannanalloor Police Station, Kollam district, alleging offences under Sections 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

According to the prosecution, on 17.05.2023, the first accused was found standing on the side of the road opposite to AKM LP School, with 4.5 grams of ganja and after arresting him, when he was questioned, it was revealed that accused No.2 had supplied the contraband for sale to school students and thereafter, on a search being made in the residential house of the 2nd accused, 220 grams of ganja were recovered and thereby the accused committed the offences including those under Sections 29 and 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, 'JJ Act').

Sri.Manu Ramachandran, the learned counsel for the petitioner contended that the prosecution allegations are totally false and there are no materials to connect the sale of ganja to any school students. It was further submitted that the date of incident was during summer holidays and that merely because the first accused was standing near a school, the Investigating Officer has included offences under Section 77 of the JJ Act. It was further submitted that even when the quantity of contraband seized from the petitioner's residence as well as that of the first accused are both put together, still, only small quantity has been recovered and therefore, considering the period of detention already undergone from 17.05.2023, petitioner ought to be released on bail.

Smt.Sreeja V., the learned Public Prosecutor opposed the application and submitted that the first accused was found standing in front of the school and on questioning him, he had confessed that the ganja supplied by the 2nd accused was intended to be sold to the school students. It was further submitted that considering the seriousness of the allegations, bail ought not to be granted.

I have considered the rival contentions.

As rightly contended by the learned counsel for the petitioner, the date '17.05.2023' is during the summer holidays for the schools in Kerala, especially for lower primary schools. There is no allegation, atleast as of now, that, any student was found near the premises, for the purpose of assuming sale to such a student. Taking into consideration the materials collected, I am of the view that since the petitioner has been in detention from 17.05.2023, further detention is not essential considering the quantity seized.

In  the  result,  this  application  is  allowed  on  the  following conditions:-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.